Amendment 13 would protect victims in some cases

Published: Friday, October 26, 2007

WHEN BAIL IS set for people accused of crimes, judges and magistrates often set conditions of release or establish orders regarding their behavior - especially in family violence cases. For example, a defendant may be ordered to stay a certain distance away from a victim and not to attempt to make any type of contact.

But what happens if the accused person does not obey the orders of the court or otherwise violates conditions of release? Should he or she still be allowed to remain free, or should bond be denied?

This is the question behind Amendment No. 13, one of the proposed Texas constitutional amendments voters will consider Nov. 6.

At-a-glance

 Our Position: It is reasonable to deny bail for crimnally accused people who violate court orders or conditions of release while free on bond.

 Background: Family violence situations often involve volatile people. If they will not abide by court orders, they should be considered to be dangerous.

 Opposition: Judges already have remedies to use when defendants violate orders of the court.

 What Does This Mean To You: It can help protect citizens, especially victims in family violence cases.

 What You Can Do: Vote yes for Amendment No. 13.

 On the Internet: For more information, visit the League of Women Voters' Web site.

The amendment would authorize the denial of bail to a person who violates certain court orders or conditions of release in a felony or family violence case.

Prosecutors are sure to be in favor of the proposition, and criminal defense attorneys will be opposed. But what about the opinions from those who make the orders or set the conditions of release for defendants. What do judges think?

An informal polling of local judges found a general approval of the proposed amendment but an expectation it would not be used very often.

One judge said he already has sufficient authority in such situations, noting judges can put defendants in jail on contempt of court charges if they violate court orders. Another pointed out suspects can be brought back to court and their bonds revoked if they aren't abiding by judicial instructions.

Accused people in America are considered to be innocent until proven guilty and are guaranteed reasonable bail by the Bill of Rights. However, judges are absolutely correct to set conditions of release and make orders regarding the behavior of the defendants while released on bond.

If the defendants will not abide by those orders, they should not be allowed to be free. Past cases, particularly ones involving family violence, have shown people who disobey court orders can be dangerous.

One local judge commented the amendment, if passed, could allow judges to give defendants a warning they will be locked up if they violate court orders.

Granted, the amendment could duplicate existing remedies to some extent, and it probably would not be used often. But it also would strongly get the attention of defendants while giving judges another tool to use when needed.